APPLICABILITY

This Regulation shall be applicable to SOEP, all Government Units and all qualified ESCOs implementing Guaranteed Savings ESPCs as defined by Act 19-2012. Act 19-2012 authorizes Government Units to use ESPC as a mechanism to implement large capital-investment projects that aim at energy and water conservation and efficiency and renewable energy integration. All Government Units are required to promote, implement and enforce effective strategies to achieve energy conservation and efficiency through the use of ESPCs. The provisions of this Regulation shall be applicable only to buildings or structures for which there is reasonably reliable information about energy and water consumption of, at least, the last three (3) years of partial or total occupation thereof. Buildings and structures that do not comply with the aforementioned requirement may be eligible for an ESPC if adequate estimates of energy and water use and consumption can be generated using proven and effective methods and mechanisms. In such cases, SOEP shall evaluate and review such use and consumption estimates and determine whether such building or structure is eligible for an ESPC. This Regulation will not affect previously executed ESPCs between Government Units and a particular ESCO. The provisions of this Regulation shall not be applicable to Shared Saving ESPCs as defined by Act 19-2012. SOEP may publish a separate Request of Qualifications (RFQ) and/or Special Guidelines to qualify ESCOs and establish requirements for Shared Saving ESPCs.